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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mark V. Aulabaugh ) File No. EB-07-DL-0249
Licensee of Radio Station KSEY-FM )
Facility ID: 71535 ) NOV No. V20083250004
Seymour, Texas )
)
NOTICE OF VIOLATION
Released: June 24, 2008
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Mark V. Aulabaugh, licensee of radio
station KSEY-FM in Seymour, Texas.
2. On February 20, 2008, agents of the Commission's Dallas Office of the
Enforcement Bureau inspected radio station KSEY-FM located at Seymour,
Texas, and observed the following violation(s):
a. 47 C.F.R. S: 11.35(a): "Additionally, broadcast stations and cable
systems and wireless cable systems must determine the cause of any
failure to receive the required [EAS] tests or activations specified
in S: 11.61(a)(1) and (a)(2). Appropriate entries must be made in the
broadcast station log, ... indicating why any tests were not
received." At the time of inspection, the EAS equipment installed at
KSEY was not operational. According a statement by Mr. Aulabaugh, the
last time that the equipment was known to be operational was on
January 3, 2008, and that the licensee had contacted the equipment
manufacturer to initiate repair procedures on or before February 19,
2008. The station did not maintain a station log, and there were no
entries regarding the EAS outage in any other logs.
b. 47 C.F.R. S: 11.61: "Tests of EAS procedures. (a) EAS Participants
shall conduct tests at regular intervals, as specified in paragraphs
(a)(1) and (a)(2) of this section. Additional tests may be performed
anytime. EAS activations and special tests may be performed in lieu
of required tests as specified in paragraph (a)(4) of this section.
All tests will conform with the procedures in the EAS Operating
Handbook. (1) Required Monthly Tests of the EAS header codes,
Attention Signal, Test Script and EOM code. (i) Tests in odd numbered
months shall occur between 8:30 a.m. and local sunset. Tests in even
numbered months shall occur between local sunset and 8:30 a.m. They
will originate from Local or State Primary sources. The time and
script content will be developed by State Emergency Communications
Committees in cooperation with affected EAS Participants. Script
content may be in the primary language of the EAS Participant. These
monthly tests must be transmitted within 60 minutes of receipt by EAS
Participants in an EAS Local Area or State. ... (2) Required Weekly
Tests: (i) EAS Header Codes and EOM Codes: (A) Analog and digital AM,
FM, and TV broadcast stations must conduct tests of the EAS header
and EOM codes at least once a week at random days and times. ... (b)
Entries shall be made in EAS Participant records, as specified in
S:S:11.35(a) and 11.54(b)(13)." At the time of inspection, there were
EAS Participant records available and no record that KSEY-FM had sent
or received any tests at any time.
c. 47 C.F.R. S:S: 73.1560(a) & (d): "The station's antenna input power
must be maintained as near as practicable to the authorized antenna
input power and may not be less than 90% nor more than 105% of the
authorized power. Also, if it becomes technically impossible to
operate the station at authorized power, the station may operate at
reduced power for not more than 30 days without specific
authorization from the FCC. If causes beyond the control of the
licensee prevent restoration of the authorized power within 30 days,
a request for Special Temporary Authority must be made to the FCC in
Washington, DC for additional time as may be necessary." At the time
of inspection, February 20, 2008, the FM transmitter was operating
with a transmitter output power of 500 Watts, 23.3% of the
transmitter output power necessary to meet the authorized 3 Kilowatt
effective radiated power, and had been operating at reduced power for
over 30 days.
d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by S: 73.1820." At the time of inspection,
the required station log was not available for inspection.
e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV
or Class A TV station must designate a person to serve as the
station's chief operator. The designation must be in writing and
posted with the station's license." The agents found no written
designation of a chief operator for the station.
f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall
maintain for public inspection a file containing the materials set
forth in this section. "At all times, a copy of the most recent
version of the manual entitled `The Public and Broadcasting.' There
was no copy of "The Public and Broadcasting" in the station's public
inspection file.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Mark V. Aulabaugh
must submit a written statement concerning this matter within twenty
(20) days of release of this Notice. The response must fully explain
each violation, must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective action(s).
The response must be complete in itself and signed by a principal or
officer of the licensee. All replies and documentation sent in
response to this Notice should be marked with the File No. and NOV No.
specified above, and mailed to the following address:
Federal Communications Commission
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
4. This Notice shall be sent to Mark V. Aulabaugh at its address of
record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
See 47 C.F.R. S: 73.1635.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission